Unisured, Hit but Don't Think I'm at Fault.

[SuperBiz]

My girlfriend was in an accident a couple of months ago. On a three lane road she was merging from the left most lane into the center, while driver #2 shot out of a parking lot, skipping over the rightmost lane and getting into the center. He then hit his breaks and my gf hit him.

I know since she rear ended him, that puts her a fault 90+% of the time. BUT, I remembered there is some law that states a driver isn't at fault if the other driver could have easily avoided the accident. So what I am assuming, since the other driver could have waited instead of shooting out of the parking lot, thus avoiding any accident, she may not be at fault. Could any body help with citing the law or giving me an idea where to look.

She was completely cooperative. Driver #2's insurance provider never contacted her by phone. They did send a form for her to fill out testifying to her side of the story, which she returned completed. We have not heard anything else until today when a letter came in the mail asking for over $5,000 and saying she will have her license suspended if she doesn't pay.

Her insurance lapsed cause money has been tight and she didn't make the payment, putting her in this situation. Even if she can not get out of fault, how can she avoid a suspended license since she does not have the money to pay?

 

[xrac]

When you rear end someone you are at fault unless the other driver was involved in inproper lane usage. Without insurance she is probably screwed period.

 

[superfly33]

In California, just driving without insurance can indeed cause your license to be suspended along with a stiff fine. Even if there is no accident involved so it doesn't matter who is at fault. I'm sorry to say that the money situation didn't put her in this situation, she did. There are other option(s) that one can take to avoid being in this situation, like taking the bus for example.

An insurance company cannot suspend anybody's license. So I think she should wait and see if she was cited for driving without insurance and appear in court to tell her story. Hopefully the judge would give her a second chance.

 

[djs]

Several things at play here....
- Paying the insurance bill would be much less than paying the accident bill. Of course, I think you figured that out.
- From your description, no doubt she is at fault. While I know sometimes the other party created a situation that ultimately caused the accident, don't count on getting out of it based on this from the way you described it.
- She has to report the accident before the DMV sends her a letter. If she does (should have within 10 days), then her license will not be suspended.
- The insurance company will not suspend her license. She might have to get a proof of financial responsibility filing though. Not hard to do.

Dan

 

[Newby]

It would be cheaper to just get a different girlfriend. One that wouldn't get behind the wheel of a car without insurance.

 

[xrac]

It would be cheaper to just get a different girlfriend. One that wouldn't get behind the wheel of a car without insurance.

Now that is a thought!

 

[DALwrites]

SuperBiz,

First, the other party's carrier has already deemed your girlfriend negligent (at fault) for the accident, which is why they are requesting to be reimbursed for $5K. You can try to fight this, but it's an uphill battle. Were the police called to the scene of the accident? Did your girlfriend receive a copy of the report? If so, the other carrier likely already has a copy, which is stating your girlfriend was negligent.

Second, be sure your girlfriend opens any mail received from the DMV, as they will likely be sending her an SR-1 (can't post the link - do a Google search for CA SR-1) form to complete. Failure to return this form will result in a suspended license, which will cause her insurance rates (which she will be required to obtain) to skyrocket.

Lastly, if the police were called and your girlfriend was cited for the accident as well as no insurance, she will be required to file an SR-22 with an insurance carrier. Her rates will vary widely, but I can assure you one thing; it will not be cheap.

 

[Guest]

SuperBiz,

First, the other party's carrier has already deemed your girlfriend negligent (at fault) for the accident, which is why they are requesting to be reimbursed for $5K. You can try to fight this, but it's an uphill battle. Were the police called to the scene of the accident? Did your girlfriend receive a copy of the report? If so, the other carrier likely already has a copy, which is stating your girlfriend was negligent.

Second, be sure your girlfriend opens any mail received from the DMV, as they will likely be sending her an SR-1 (can't post the link - do a Google search for CA SR-1) form to complete. Failure to return this form will result in a suspended license, which will cause her insurance rates (which she will be required to obtain) to skyrocket.

Lastly, if the police were called and your girlfriend was cited for the accident as well as no insurance, she will be required to file an SR-22 with an insurance carrier. Her rates will vary widely, but I can assure you one thing; it will not be cheap.

my brother is in the same boat as him.. I'll be sure to tell this information to him once he gets home.. thanks a lot..

 

[Mark]

Here is GA, we are required to have car insurance....

I'm glad too..

 

[DALwrites]

my brother is in the same boat as him.. I'll be sure to tell this information to him once he gets home.. thanks a lot..

My pleasure, Emily! Please let me know if you need anything else - it's not a fun process...